Rapaport v. Dubrow

Appellate Division of the Supreme Court of New York

Rapaport v. Dubrow

245 A.D. 735

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1935·Published·Cited by 3 cases

Opinion

Order granting plaintiff’s motion to punish defendant for contempt, by fine, reversed on the law and the facts, without costs, and the motion denied, without costs, and fine remitted, upon condition that defendant appear for examination within five days from the service upon his attorney of a notice requiring his appearance. The Special Term was without power to punish for contempt without proof of personal service of the order directing the examina[736]*736tion. (Likay v. Gottesman, No. 1, 235 App. Div. 820.) Lazansky, P. J., Young, Hagarty, Carswell and Scudder, JJ., concur.

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Order granting plaintiff’s motion to punish defendant for contempt, by fine, reversed on the law and the facts, without costs, and the motion denied, without costs, and fine remitted, upon condition that defendant appear for examination within five days from the service upon his attorney of a notice requiring his appearance. The Special Term was without power to punish for contempt without proof of personal service of the order directing the examina[736]*736tion. (Likay v. Gottesman, No. 1, 235 App. Div. 820.) Lazansky, P. J., Young, Hagarty, Carswell and Scudder, JJ., concur.

Rapaport v. Dubrow, 245 A.D. 735 (N.Y. Ct. App. 1935).

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Opinion

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